It’s scary to be pulled over while drunk driving. You might ask yourself, can you refuse a breathalyzer? In Missouri, the reply is yes—but it will cost you. Call a good local dui defense lawyer in Kansas City today. This page tells you what happens when you don’t comply, your rights, and what the law mandates. It’s simple, concise, and easy to read.
What Is a Breathalyzer Test?
A breathalyzer checks how much alcohol is in your system. Police officers use it to decide if you are driving drunk. You blow into a device. It gives a number known as BAC—short for Blood Alcohol Content. In Missouri, the lawful BAC is 0.08% for drivers age 21 and older. For commercial drivers, it’s 0.04%. For youths under age 21, any alcohol at all is too much. The test is instantaneous. Results come on quickly. But it can lead to serious charges if you’ve had too much.
Can You Refuse a Breathalyzer Test?
Yes. Refuse. But Missouri has something called “implied consent.” That means when you drive, you already agreed to be tested with a breath, blood, or urine test if police think you’ve had too much. If you decline, you break that contract. So, while you can say no, there are serious penalties. The police must read the Missouri Implied Consent notice to you. It tells you what happens if you say no.
What If You Refuse?
Refusing the breath test will not keep you from being charged with a DUI. Here’s what you’ll lose:
- License is revoked for 1 year (a “chemical revocation”)
- Possible arrest even if no test is given
- Car insurance rates rise
- Possible court use: Judges can inform you that your denial is proof of guilt
- You can lose your case if there is other drunk driving evidence
You can even lose your right to have a restricted driving license. That makes it hard to go to work or school.
Can Police Still Arrest You Without a Test?
Yes. Police can arrest you based on what they see:
- Slurred words
- Smell of alcohol
- Weaving
- Red or watery eyes
- Bad balance
They will also administer field sobriety tests. If they think you are drunk, they don’t need a breathalyzer to arrest you. They can make you walk along a straight line. Or track your eyes with a light. If you can’t pass, they will arrest you.
What Is a Chemical Revocation?
If you won’t take the test, your license is revoked for 1 year. This is what is called a chemical revocation. You can appeal it—but only if you seek a hearing within 30 days. Most people do not prevail unless the officer makes a mistake.
90 days from then, you can get a restricted license. But you must:
- Have an ignition interlock device installed
- Participate in a Substance Abuse Program (SATOP)
- Show proof of insurance
What Is an Ignition Interlock Device?
It’s a device on your car. You blow into it to make the engine start. The car won’t start if you have alcohol on your breath.
Missouri can make you install one if you:
- Refused a test
- Were given a DUI
- Want to drive while suspended
You must purchase it and have it serviced every now and then. It’s costly. You can plan on paying between $75 to install and $60 per month. Some devices also request random breath tests when you’re driving. You will fail if you’re asked to and you can’t pass the test, and the vehicle will notify the monitor.
Can You Be Forced to Take the Test?
Typically, no. However, if you have an accident and somebody gets injured or killed, police might obtain a warrant. They can then compel a test. They can also get a warrant if you’ve had past DUIs. Judges sign warrants rapidly—sometimes from a computer or telephone. You cannot refuse in such cases. Officers can draw your blood even when you do not want them to.
What Are Your Rights?
- You can refuse the test
- You can ask for a lawyer before you respond to questions
- You can appeal the suspension of your license in court
- You can ask for a hearing within 30 days
But don’t forget, telling them no won’t make the problem go away. It might land you in deeper legal trouble.
DUI vs DWI in Missouri
They are both referring to drunk driving in Missouri. DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated. They are utilized differently, but they give the same charge. Some counties utilize DUI. Some utilize DWI. Either or, it’s a serious offense.
First Time Offense vs Repeat Offense
First offense: Class B misdemeanor, jail for a maximum of 6 months, up to $1,000 fine
Second offense: Class A misdemeanor, jail time and longer license suspension
Third offense: Felony charge, prison time, higher fines
Repeat offenses also include longer ignition interlock and probation. Some lose their license for 5 to 10 years.
Should You Refuse a Breathalyzer in Missouri?
Refusing would probably be a good plan—but it’s not always. Either way, you’ll lose your license. And the police can arrest you anyway. It depends on the case. If you’re sober or just a little above the limit, refusing might hurt you. If you’re far over, it might eliminate evidence. But jurors don’t always react to refusals very well. Judges might see it as evidence of guilt. And if you do have other evidence, refusing won’t help you get off. Talk to a lawyer. Every case is different. What works for one driver will hurt another.
FAQs Regarding Refusal of a Breathalyzer in Missouri
1. Will my refusal become a mark against me on my record?
Yes. It gets posted on your driving record. Insurance companies and employers will notice. It can raise your premiums.
2. Can I drive to work while suspended?
Maybe. After 90 days, you can get a restricted license. You must install an ignition interlock and complete SATOP. You must also prove you need to drive due to work or family responsibilities. And stay clean—no alcohol at all.
3. Refusing does keep me out of jail, doesn’t it?
Not really. Police may still arrest you. Refusing might make it tougher in court. And even if sentenced, you still go to jail.
4. How much is a DUI lawyer going to cost in Missouri?
Depends. Most are $1,000 to $5,000. Some offer payment plans. A good lawyer can reduce fines or time off.
5. What if I didn’t have anything to drink but refused?
You are still punished. Refusal breaks the implied consent rule—even if you weren’t drunk. If you feel you have been unjustly charged, talk to an attorney immediately. You have only 30 days in which to ask for a hearing.
Final Thoughts
You can refuse a breathalyzer in Missouri. But it could hurt you more than it assists. Be aware of your rights. Plan ahead and drive safely. And if you do get yourself into a jam, consult with an experienced criminal defense attorney in Kansas City right away. Drive sensibly. Stay safe. Don’t take the risk. Never drink and drive.